Schengen (Germany) visitor visa for non-EEA spouse not resident in the EEA

[cyaneidae]

Hello,

I'm a German/British citizen living in Jamaica, and I'd like to visit my family in Germany together with my Jamaican spouse. I have browsed a lot of posts and websites but cannot quite work out which rules apply to us. Do we have to submit a full application for a visitor visa, including financial information etc? Or are we eligible for the free and easy visa issued to spouses of EEA citizens, even though he doesn't have any EEA residence permit? If so, could someone please point me towards the corresponding directive, as I'm quite sure the German embassy in Kingston won't be aware of this.

Thank you!

[cyaneidae]

Of course, I came across Directive 2004/38/EC just after posting. Sorry. So I suppose we can easily get a Schengen visa for, say, Belgium but not for Germany, as I'm a citizen and EU law doesn't overrule national law.

If we were to get a visa from Belgium but fly straight to Germany, would this violate the terms of the visa?

[cyaneidae]

One more question. I keep reading the following excerpt online but cannot find any official reference to it in the relevant directives:

"All the Member State consular officials can ask for is their passport and a document establishing their family ties with you, such as marriage or birth certificate and proof of dependence, where applicable. Your family members cannot be asked to present documents such as travel tickets, employment certificate, pay-slips, bank statements, proof of accommodation and means of subsistence or a medical certificate."

Where does it say that? It is quoted as part of 2004/38/EC but it doesn't seem to be in it. The only relevant part of that directive seems to be: "Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure." It's a bit vague and does not specify the documents needed or what the accelerated procedure is...

[Caravel88]

Since you have two nationalities, I guess in Germany you would be considered German before the law.
Getting a visa from a 3rd country would work under the directive 2004/38/EC.

I can not quote the directive about documents but the page below tells you that only a marriage certificate is needed:

https://europa.eu/youreurope/citizens/t ... dex_en.htm

In my experience Germany and Netherlands apply the directive to the letter.
Where I am Belgium seems to be more difficult and they are known to be slower, all over.

May I suggest you try Netherlands?

Since family members only require an entry visa, technically you can fly to any EU country with it.
I doubt at the border the officer would stop you and question the visa on the fact that you are German.
Especially since you are flying together.

However you could also get a ticket from KML and fly to Germany via Amsterdam, which would mean NL is the first port of entry into the Schengen area.

Of course, I came across Directive 2004/38/EC just after posting. Sorry. So I suppose we can easily get a Schengen visa for, say, Belgium but not for Germany, as I'm a citizen and EU law doesn't overrule national law.

If we were to get a visa from Belgium but fly straight to Germany, would this violate the terms of the visa?

[cyaneidae]

Thank you! Good to know that Belgium are a bit slow; NL it is, then.

[cyaneidae]

(Sorry for the multiple posts; I wish I could edit.)

Unfortunately, it appears that Belgium represents NL in Jamaica and applies its own rules to NL visas. Oh, well. Are there any other countries that are known to be quite fast and effective when it comes to applying the directive? Any experiences with Spain?

[Caravel88]

Spain can be quick but I have read issues with them applying the directive.
You could email them and ask them for the documents they require.
They may apply the directive or ask for a bit more, I don't know.

Keep in mind that you are likely to be asked to show joint travel tickets to the end destination (France, Spain, etc.) And even hotel bookings (temporary / refundable should work).

So I'd stick to Benelux or France.

A quick search shows that Spanish embassy in Jamaica also issues visas for France.
France also applies the directive to the letter.
They have an official website which tells you which documents to present for a French Schengen visa:

https://france-visas.gouv.fr/en_US/web/ ... -d-un-visa

(make sure to select "visiting family" for your plans, and "private visit - EU fam." for main purpose on the form)

So you could book tickets to Paris, make an easy hotel reservation and apply for the French visa.
Then from Paris easily get to Germany via plane or train.

(Sorry for the multiple posts; I wish I could edit.)

Unfortunately, it appears that Belgium represents NL in Jamaica and applies its own rules to NL visas. Oh, well. Are there any other countries that are known to be quite fast and effective when it comes to applying the directive? Any experiences with Spain?

[cyaneidae]

Thank you very much!

[Caravel88]

Most welcome. Best of luck. Hope it all goes smoothly.
It would be great if you were to come back and let us know for future reference.

Thank you very much!

[cyaneidae]

Will do! Won't be applying until September, though.

[cyaneidae]

So my husband applied for a short-stay Schengen visa at the Belgian embassy in Kingston, Jamaica last Tuesday (8 days ago), and today, he received notification that his visa has been granted and he can pick up his passport.

For any future applicants to the Belgian embassy in Jamaica: they are aware of the Directive and they apply it to the letter. We pointed out in our cover letter that we were applying under the Directive just to be sure. All we needed was our marriage certificate (legalised by the Ministry of Foreign Affairs and the Embassy), copies of our passports and details of the flights we were planning to take. A couple of days before they approved the visa, they sent an e-mail stating that the visa would be approved once they received proof of a non-refundable booking. The fee was waived and everything was very quick. We only had to pay JMD 3100 (via Bill Express) for the second legalisation of our marriage certificate (on the Belgian side).